IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41225
Summary Calendar
WILLIE LEE MCCOWIN
Plaintiff - Appellant
v.
CYNTHIA S KENT; JACK SKEEN, JR.; J B SMITH
Defendants - Appellees
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:01-CV-287
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February 15, 2002
Before KING, Chief Judge, and HIGGINBOTHAM and BENAVIDES, Circuit
Judges.
PER CURIAM:*
Willie Lee McCowin, Texas prisoner # 532699, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 action
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). He challenges
the dismissal of his assertion that the defendants arbitrarily
denied him due process by failing to recommend him for clemency
to the Texas Board of Pardons and Parole.
McCowin does not have a liberty interest in the clemency
process. See Connecticut Bd. of Pardons v. Dumschat, 452 U.S.
458, 463-65 (1981). McCowin’s reliance upon Ohio Adult Parole
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-41225
-2-
Auth. v. Woodard, 523 U.S. 272 (1998), is misplaced because he is
not facing a sentence of death. McCowin has failed to show that
the district court erred in dismissing his complaint. See Black
v. Warren, 134 F.3d 732, 733-34 (5th Cir. 1998). Consequently,
the judgment of the district court is AFFIRMED.